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#1 Posted : 16 December 2002 12:25:00(UTC)
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Posted By Ian Bruce I would be grateful if anyone could point me in the right direction with a query that has fallen my way. I work as a safety advisor for a local education authority; on one of our school sites we have a live in caretaker who has a residence supplied as part of his conditions of service. These premises were constructed in the late 60's and have very large plate glass windows. The individual concerned is worried that these windows present a hazard should he fall against/through them. Clearly, this is not a workplace so I don't believe that the glazing requirements of the Workplace Regs apply, but I'm sure we owe this individual a duty of care (HASAWA)? I'm guessing that the Building Regulations apply, but know nothing about them. Can anyone provide me with some guidance, i.e. Is there specific legislation I need to be aware of? Should we replace the windows with more modern materials (laminated)? Should we film the windows? Is the onus on the tenant? Any replies will be gladly received; believe me!
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#2 Posted : 16 December 2002 15:01:00(UTC)
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Posted By Stuart Williams Ian, I think you will find that the information you are looking for is in the Code of practice for Glazing for buildings BS 6262 Part 4 - Safety related to human impact. If you can't get hold of a copy please E mail me direct and I will forward you a copy Hope this helps, Stuart
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#3 Posted : 17 December 2002 09:42:00(UTC)
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Posted By Ken Taylor Approved Document N to the Building Regs requires protection against impact so that glazing with which people are likely to come into contact whilst moving shall: break in a way unlikely to cause injury; or resist impact without breaking; or be shielded or protected from impact. However, this requirement is not retrospective and did not apply at the time of construction of your building. If you replace existing glazing it still doesn't apply but would for glazing in any extension, rebuilding, etc since requirement N1 was instituted. Safe breakage is defined in BS6206 (as stated by the respondent above) - which does allow for some areas of annealed glass based upon thickness and dimensions in some locations such as shop fronts and offices (eg 15mm annealed is considered acceptable anywhere). Critical locations are given as areas to which N1 needs to be applied (mainly doors, side screens and areas below 800mm height above floor-level). It is likely, therefore, that there will be no direct statutory duty to replace with safety glass or protect the glass to which you refer but the landlord may consider common law and contract duties and, if a significant risk is identified, the standards of the BS and Building Regs should be a reasonable guide to taking appropriate action.
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#4 Posted : 17 December 2002 12:39:00(UTC)
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Posted By Stuart Williams I believe that any replacement glazing in critical locations must be replaced in safety glass. (Refer to Consumer Safety Protection Act.) Regards, Stuart
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#5 Posted : 18 December 2002 09:00:00(UTC)
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Posted By Ken Taylor To clarify - and following Stuart's point: when replacing glass in critical locations (eg following damage)it should be replaced by safety glass (although Georgian-wired replacement like-for-like is considered acceptable - but you can get wired fire-resisting safety glass) but not as a Building Regulations requirement.
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#6 Posted : 22 December 2002 15:46:00(UTC)
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Posted By Colin Womble Ian, You are right to be concerned and the authority will certainly owe a duty of care to the tenant. Where premises are let under a tenancy and the landlord is responsible for maintenance, there is a duty owed "to all persons" who might be affected by defects in the state of the premises under section 4(1) of the Defective Premises Act 1972. This will undoubtedly include your tenant and his family. Secondly, the authority will owe a duty to under section 2 of the Occupier's Liability Act 1957 to people visiting the premises, such as friends, relatives etc. I believe there will also be an obligation to maintain and repair the structure under section 30 of the Landlord and Tenants Act 1985. The fact that people will receive injury, sometimes quite severe, from falling through ordinary glass (ie. non-safety glass) has been recognised for many years. British Standard 6262 'Code of Practice for Glazing in Buildings' was introduced in 1982 but its predecessors, in the form of British Standard 973 and CP 152 can be traced back to 1941, although I doubt the requirements for safety glass go back that far. British Standard 6202 'Specification for impact performance requirements for flat safety glass and safety plastics for use in buildings' from 1981 may also be of assistance. Similar requirements can now be found in the building regulations. The Building Research Establishment published a paper "Accidents involving glass in domestic doors and windows" highlighting the problems in October 1981. The courts have also recognised the need for safety glass in critical areas. The leading case that I am aware of is Rimmer -v- Liverpool City Council [The Times 15.12.1983] Here, the Court of Appeal dismissed an appeal by Liverpool City Council against damages awarded when Rimmer tripped over some toys left by his boy and put his left hand through a glass panel in December 1975. The Council were at fault for renting Rimmer a flat when they knew or ought to have known it contained foreseeably dangerous and easily substituted glass. More recently, a similar case came before the courts in O (A Minor) -v- Wilson CLY 99/4004. Here a boy aged 10 visiting the house ran into a door which smashed. His claim was dismissed on grounds that there was no requirement to replace the glass despite experts for both sides agreeing it was unsafe and even in the 1970's should have been toughened or laminated. The question of safety film does not appear to have been raised, nor is there any reference to Rimmer. As this is a decision at first instance, it cannot be relied upon for a defence to any claims. If your superiors think glass replacement or filming is expensive, Rimmer received £2,500 in 1983 and would undoubtedly receive much more today. Colin Womble Accident Investigator RT Accident Investigations
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